Anti-dumping duty on Zinc Oxide originating in, or exported from People"s Republic of China.
[Notfn. No. 115/01-Cus. dt. 2.11.2001]
WHEREAS in the matter of import of Zinc Oxide falling under heading No.28.17 or sub-heading No. 3812.30 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th March, 2001, had come to the conclusion that -
(a) Zinc Oxide, in all forms, originating in, or exported from, the People’s Republic of China, has been exported to India below its normal value;
(b) the domestic industry has suffered material injury by way of depressed net sales realization on account of price suppression caused by low landed prices of dumped subject goods from the People’s Republic of China leading to financial losses;
(c) the injury has been caused to the domestic industry by dumping of subject goods, originating in, or exported from the People’s Republic of China;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 40/2001–Customs, dated the 9th April, 2001, [G.S.R. 253(E), dated the 9th April, 2001] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 9th April, 2001;
AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th October, 2001 has come to the conclusion that -
(a) Zinc Oxide, in all forms, originating in, or exported from, the People’s Republic of China, has been exported to India below its normal value;
(b) the domestic industry has suffered material injury by way of depressed net sales realization on account of price suppression caused by low landed prices of dumped subject goods from the People’s Republic of China leading to financial losses;
(c) the injury has been caused to the domestic industry by dumping of subject goods, originating in, or exported from the People’s Republic of China;
Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act and rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the said Zinc Oxide of all grades of 99.5% purity, falling under heading No.28.17 or sub-heading No. 3812.30 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the People’s Republic of China, and imported into India, an anti-dumping duty at the rate of US $ 289.90 per metric tonne.
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 9th April, 2001, and shall be paid in Indian currency.
3. The rate of anti-dumping duty for Zinc Oxide of all grades of purity other than 99.5% shall be worked out on pro rata basis.
Explanation - For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, (52 of 1962) and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
Anti-dumping duty on Zinc Oxide, originating in or exported from Nepal:
[Notfn. No. 58/02-Cus. dt. 5.6.2002 as amended by Notfn. No. 127/02-Cus. dt. 15.11.2002].
WHEREAS in the matter of import of Zinc Oxide, falling under heading 28.17 or sub-heading 3812.30 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Nepal, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th August, 2001 had come to the conclusion that -
(a) Zinc Oxide, in all forms, originating in, or exported from, Nepal, had been exported to India below its normal value;
(b) the domestic industry had suffered material injury by way of depressed net sales realization on account of price suppression caused by low landed prices of dumped zinc oxide , in all forms, from Nepal leading to financial losses;
(c) the injury had been caused to the domestic industry by dumping of zinc oxide , in all forms, originating in, or exported from Nepal;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 93/2001–Customs, dated the 12th September, 2001, [G.S.R. 656(E), dated the 12th September , 2001] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the12th September, 2001;
AND WHEREAS the designated authority, vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th March , 2002 has come to the conclusion that -
(a) Zinc Oxide, in all forms, originating in, or exported from, Nepal, have been exported to India below its normal value;
(b) the domestic industry has suffered material injury by way of depressed net sales realization on account of price suppression caused by low landed prices of dumped zinc oxide , in all forms, from Nepal leading to financial losses;
(c) the injury has been caused to the domestic industry by dumping of zinc oxide , in all forms, originating in, or exported from Nepal;
AND WHEREAS the designated authority has recommended that anti-dumping duty be imposed on all grades of Zinc Oxide originating in, or exported from, Nepal;
Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on Zinc Oxide, of all grades, falling under heading 28.17 or sub-heading 3812.30 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Nepal, by exporters/ producers mentioned in column (2) of the Table given below, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount mentioned in the corresponding entry in column (3) of the said Table and the landed value of such imported Zinc Oxide per metric tonne.
Table
| S.No. | Name of the exporter/producer | Amount
(US $ per metric tonne)
|
|---|
| (1) | (2) | (3) |
|---|
| 1 | M/s Pashupati Oxide Udyog Limited, Sonapur, Nepal | 1377.25 |
| 2 | M/s Asian Metals, Birganj, Nepal | 1372.11 |
| 3 | M/s Shree Pashupati Rasayanik Udyog (P) Ltd. Kathmandu | 1413.60 |
| 4 | M/s Unnat Industries (P) Ltd. Duhabi | 1413.60 |
| 5 | M/s Swastic Metal Industries, Birat Nagar | 1385.94 |
| 6 | M/s Pashupati Metal Industries, Birat Nagar , Nepal | 1390.42 |
| 7 | Other exporters/producers | 1413.60 |
Provided that nothing contained in this notification shall apply to such Zinc Oxide, in import of which the exemption under notification No.40/2002-Customs dated the 12th April, 2002 [G.S.R.281(E), dated the 12th April, 2002] is availed of:
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 12th September, 2001, and shall be paid in Indian currency.
Explanation. - For the purposes of this notification, -
(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act; and (b) rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
Anti-dumping duty on Sodium Hydroxide originating in, or exported from Qatar:
[Notfn. No. 121/02-Cus. dt. 31.10.2002]
WHEREAS in the matter of import of Sodium Hydroxide, commonly known as Caustic Soda, falling under sub-heading 2815.11 or 2815.12 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Qatar, the designated authority vide its preliminary findings notification No.55/1/2001-DGAD dated the 18th January, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th January, 2002, had come to the conclusion that -
(a) Sodium Hydroxide, in all forms, originating in, or exported from, Qatar, had been exported to India below its normal value;
(b) the significant capacity for export purposes available with the exporter since there is very low home consumption demand in Qatar and the recent dumped imports have caused price depression and was an imminent threat to the domestic producers of Sodium Hydroxide in India;
(c) the domestic industry had suffered material injury by way of financial losses due to depressed net sales realization on account of price depression caused by low landed prices of the dumped Sodium Hydroxide; and
(d) the injury had been caused to the domestic industry by the dumping of Sodium Hydroxide, originating in, or exported from, Qatar;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Sodium Hydroxide vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 32/2002–Customs, dated the 27th March, 2002, [G.S.R. 229(E), dated the 27th March, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th March, 2002;
AND WHEREAS the designated authority, vide its final findings notification No.55/1/2001-DGAD dated the 7th October, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th October, 2002 has come to the conclusion that -
(a) Sodium Hydroxide, in all forms, originating in, or exported from, Qatar, has been exported to India below its normal value;
(b) the significant capacity for export purposes available with the exporter since there is very low home consumption demand in Qatar and the recent dumped imports have caused price depression, is an imminent threat to the domestic producers of Sodium Hydroxide in India in view of recent increased imports;
(c) the domestic industry has suffered material injury by way of financial losses due to depressed net sales realization on account of price depression caused by low landed prices of the dumped Sodium Hydroxide;
(d) the injury has been caused to the domestic industry by dumping of Sodium Hydroxide, originating in, or exported from, Qatar;
and has recommended the imposition of definitive anti-dumping duty on all imports of the said Sodium Hydroxide originating in, or exported from, Qatar;
Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on all imports of Sodium Hydroxide, falling under sub-heading 2815.11 or 2815.12 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Qatar, when exported by the exporter or producer specified in the corresponding entry in column (2) of the said Table and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding entry in column (3) of the said Table and the landed value, in US $ per metric tonne, of such imported Sodium Hydroxide.
Table
| S.No. | Name of the exporter/producer | Amount
(US$ per metric tonne) |
|---|
| (1) | (2) | (3) |
|---|
| 1. | M/s Qatar Vinyl Company (QVC) Ltd. | 267.82 |
| 2. | Other than that specified against S.No.1 | 271.10 |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 27th March, 2002, and shall be paid in Indian currency.
Explanation. - For the purposes of this notification, -
(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act; and
(b) rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
Anti-dumping duty on Sodium Nitrite originating in, or exported from European Union and Taiwan:
[Notfn. No. 132/02-Cus. dt. 29.11.2002]
WHEREAS in the matter of import of Sodium Nitrite, falling under sub-heading 2834.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union and Taiwan, the designated authority vide its preliminary findings notification No.54/1/2001-DGAD dated the 1st February, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st February, 2002, had come to the conclusion that -
(a) Sodium Nitrite, originating in, or exported from, European Union and Taiwan, had been exported to India below normal value, resulting in dumping;
(b) the domestic industry had suffered material injury;
(c) the injury had been caused cumulatively by the imports from European Union and Taiwan;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Sodium Nitrite vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 34/2002–Customs, dated the 28th March, 2002, [G.S.R. 232 (E), dated the 28th March, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 28th March, 2002;
AND WHEREAS the designated authority, vide its final findings notification No.54/1/2001-DGAD, dated the 28th October, 2002 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th October, 2002 has come to the conclusion that -
(a) Sodium Nitrite, originating in, or exported from, European Union and Taiwan, has been exported to India below normal value, resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused cumulatively by the dumped imports of Sodium Nitrite from European Union and Taiwan;
and has recommended the imposition of definitive anti-dumping duty on all imports of the said Sodium Nitrite, originating in, or exported from, European Union and Taiwan;
Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on all imports of Sodium Nitrite, falling under sub-heading 2834.10 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country or territory specified in column (2) of the Table below and imported into India, an anti-dumping duty at a rate which is specified in the corresponding entry in column (3) of the said Table.
Table
| S.No. | Name of the Country/Territory | Rate of anti-dumping duty
(US $ per metric tonne) |
|---|
| (1) | (2) | (3) |
|---|
| 1. | European Union | 51.83 |
| 2. | Taiwan | 107.85 |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 28th March, 2002, and shall be paid in Indian currency.
Explanation. - For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
Anti-dumping duty on Hydrofluoric acid originating in or exported from people"s Republic of China:
[Notfn. No. 10/03-Cus. dt. 15.1.2003]
WHEREAS in the matter of import of Hydrofluoric acid, falling under sub-heading 2811.11 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority vide its preliminary findings notification No.62/1/2001-DGAD dated the 15th February, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th February, 2002, had come to the conclusion that -
(a) Hydrofluoric acid of all concentration other than 70% in all forms, originating in, or exported from the People’s Republic of China had been exported to India, below its normal value;
(b) Hydrofluoric acid in 70% concentration had not been exported below normal value.
(c) The significant capacity for export purposes available with the producers/exporters in the People’s Republic of China and the recent dumped imports of concentration other than 70% had caused price depression and there was an imminent threat to the domestic producers of the said Hydrofluoric acid in India;
(d) the domestic industry had suffered material injury by way of financial losses due to depressed net sales realization on account of price depression caused by low landed prices of the dumped Hydrofluoric acid;
(e) the injury had been caused to the domestic industry by dumping of the Hydrofluoric acid of all concentration other than 70%, originating in or exported from the People’s Republic of China;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Hydrofluoric acid vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 35/2002–Customs, dated the 28th March, 2002, [G.S.R. 233 (E), dated the 28th March, 2002], published in Part II, Section 3, Subsection (i) of the Gazette of India, Extraordinary, dated the 28th March, 2002;
AND WHEREAS the designated authority, vide its final findings notification No.62/1/2001-DGAD, dated the 26th November, 2002 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th November, 2002 has come to the conclusion that -
(a) Hydrofluoric acid of concentration other than 70% in all forms, originating in, or exported from, the People’s Republic of China has been exported to India, below its normal value;
(b) Hydrofluoric acid in 70% concentration has not been exported below normal value;
(c) The significant capacity for export purposes available with the producers/exporters in the People’s Republic of China and the recent dumped imports of concentration other than 70% have caused price depression and there is an imminent threat to the domestic producers of the said Hydrofluoric acid in India;
(d) the domestic industry has suffered material injury by way of financial losses due to depressed net sales realization on account of price depression caused by low landed prices of the dumped Hydrofluoric acid;
(e) the injury has been caused to the domestic industry by dumping of the Hydrofluoric acid of all concentration other than 70%, originating in, or exported from, the People’s Republic of China;
and has recommended the imposition of definitive anti-dumping duty on all imports of the said Hydrofluoric acid of all concentration other than 70%, originating in, or exported from, the People’s Republic of China;
Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under sub-heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in the corresponding entry in column (4), originating in the countries as specified in the corresponding entry in column (5) , and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.
Table
| S. No. | Sub-hea- ding | Des- crip- tion of goods | Spe- cifica- tion | Country of origin | Country of Export | Producer | Exporter | Amo- unt | Unit of mea- sure- ment | Curr- ency |
|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|---|
| 1. | 2811.11 | Hydro- fluoric acid | of 100% conc- entra- tion, in all forms (loose/ unpacked) | People"s Republic of China | Any country | Any producer | Any exporter | 797.6 | Metric tonne | US Dollar |
| 2. | 2811.11 | Hydro- fluoric acid | of 100% conc- entra- tion, in all forms (packed) | People"s Republic of China | Any country | Any producer | Any exporter | 871.8 | Metric tonne | US Dollar |
| 3. | 2811.11 | Hydro- fluoric acid | of any conc- entra- tion other than 70%, in all forms (loose/ unpacked) | People"s Republic of China | Any country | Any producer | Any exporter | 7.976 Multi- plied by conc- entra- tion in percent) | Metric tonne | US Dollar |
| 4. | 2811.11 | Hydro- fluoric acid | of any conc- entra- tion other than 70%, in all forms (packed) | People"s Republic of China | Any Country | Any producer | Any exporter | 74.22+ (7.976 Multi plied by conc- entra- tion in percent) | Metric tonne | US Dollar |
| 5. | 2811.11 | Hydro- fluoric acid | of 100% conc- entra- tion, in all forms (loose/ unpacked) | Any Country | Preople"s Republic of China | Any producer | Any exporter | 797.6 | Metric tonne | US Dollar |
| 6. | 2811.11 | Hydro- fluoric acid | of 100% conc- entra- tion, in all forms (packed) | Any Country | Preople"s Republic of China | Any producer | Any exporter | 871.8 | Metric tonne | US Dollar |
| 7. | 2811.11 | Hydro- fluoric acid | of any conc- entra- tion other than 70%, in all forms (loose/ unpacked) | Any Country | People"s Republic of China | Any producer | Any exporter | 7.976 Multi- plied by conc- entra- tion in percent) | Metric tonne | US Dollar |
| 8. | 2811.11 | Hydro- fluoric acid | of any conc- entra- tion other than 70%, in all forms (packed) | Any Country | People"s Republic of China | Any producer | Any exporter | 74.22+ (7.976 Multi- plied by conc- entra- tion in percent) | Metric tonne | US Dollar |
Illustration.- For Hydrofluoric acid of 50% concentration, in all forms, (loose/unpacked), the amount for the purposes of the entry in column (9) will be equal to 7.976 multiplied by 50, i.e. 398.8 and for Hydrofluoric acid of 50% concentration, in all forms, (packed) the said amount will be equal to 74.22 + (7.976 multiplied by 50) i.e.473.02
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 28th March, 2002, and shall be paid in Indian currency.
Explanation. - For the purposes of this notification, -
(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(b) rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
Anti-dumping duty on Sodium Tripolyphosphate originating in or exported from Any Country:
[Notfn. No. 60/03-Cus. dt. 1.4.2003]
WHEREAS in the matter of import of Sodium tripolyphosphate, falling under tariff item 2835 31 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China and Chinese Taipei (Taiwan), the designated authority vide its preliminary findings notification No.14/1/2000-DGAD dated the 9th May, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9th May, 2002, had come to the conclusion that-
(a) Sodium tripolyphosphate, in all forms, originating in, or exported from, People’s Republic of China and Chinese Taipei (Taiwan), had been exported to India below its normal value;
(b) the domestic industry had also suffered material injury by way of financial losses due to depressed net sales realization on account of price depression caused by low landed prices of dumped Sodium tripolyphosphate, in all forms;
(c) the injury had been caused to the domestic industry by dumping of Sodium tripolyphosphate, in all forms, originating in, or exported from, People’s Republic of China and Chinese Taipei (Taiwan);
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Sodium tripolyphosphate vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 62/2002–Customs, dated the 17th June, 2002, [G.S.R. 432 (E), dated the 17th June, 2002], published in Part II, Section 3, Subsection (i) of the Gazette of India, Extraordinary, dated the 17th June, 2002;
AND WHEREAS the designated authority, vide its final findings notification No.14/1/2003-DGAD, dated the 11th February, 2003 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th February, 2003 has come to the conclusion that -
(a)Sodium tripolyphosphate, in all forms, originating in, or exported from, People’s Republic of China, has been exported to India below its normal value resulting in dumping;
(b)the domestic industry has suffered material injury by way of financial losses due to depressed net sales realization on account of price depression caused by low landed prices of dumped sodium tripolyphosphate, in all forms;
(c)the injury has been caused to the domestic industry by dumping of Sodium tripolyphosphate, in all forms, originating in, or exported from, People’s Republic of China;
and has recommended the imposition of definitive anti-dumping duty on all imports of the said Sodium tripolyphosphate, originating in, or exported from, the People’s Republic of China;
NOW, THEREFORE, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under sub-heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in the corresponding entry in column (4), originating in the countries as specified in the corresponding entry in column (5) , and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.
Table
| S. No. | Tariff Item | Des- crip- tion of goods | Spe- cifica- tion | Country of export | Country of origin | Producer | Exporter | Amount | Unit of mea- sure- ment | Curr- ency |
|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|---|
| 1. | 2835 31 00 | Sodium Tripoly- phos- phate | Any spe- cifica- tion | People"s Republic of China | Any country | Any producer | Any exporter | 661.84 | Metric tonne | US Dollar |
| 2. | 2835 31 00 | Sodium Tripoly- phos- phate | Any spe- cifica- tion | Any country | People"s Republic of China | Any producer | Any exporter | 661.84 | Metric tonne | US Dollar |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 17th June, 2002, and shall be paid in Indian currency.
Explanation. - For the purposes of this notification, -
(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(b) rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of subsection (3) of section 14 of the said Customs Act, and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
Anti-dumping duty on Potassium Permanganate originating in or exported from PR of China, Hong Kong and Tiwan:
[Notfn. No. 85/03-Cus. dt. 27.5.2003]
WHEREAS in the matter of import of Potassium Permanganate falling under tariff item 2841 61 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, Hong Kong and Taiwan, the designated authority, vide its final findings notification No.46/1/2000-DGAD dated the 8th September, 2001, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10th September, 2001, had come to the conclusion that-
(a) Potassium Permanganate originating in, or exported from, the People’s Republic of China, Hong Kong and Taiwan, had been exported to India below normal value, resulting in dumping;
(b) the domestic industry had suffered material injury;
(c) the injury had been caused by the imports from the subject countries;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 113/2001–Customs, dated the 1st November, 2001, [G.S.R. 815(E), dated the 1st November, 2001] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 1st November, 2001;
AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT), in its final order No.03/2002-AD, dated the 28th October, 2002 in Appeal No.C/575/2001- AD in the matter of M/s Universal Chemicals and Industries Ltd. Vs. Ministry of Finance/Designated Auth. has held that “defects in data and investigation has rendered the final findings regarding normal value, dumping margin and anti-dumping duty vitiated and unreliable in respect of M/s Yunnan Province Jainshui County Chemical Industry Factory. That exporter is also required to be treated as a non-cooperating exporter and duty imposed on its exports at the same rate as in the case of other exporters from China by making necessary amendment in Notification No. 113/2001-Cus dated 1.11.2001. It is, accordingly, ordered that the following entry shall be substituted for the existing entry under Sl. No. 1 in notification No. 113/2001- Cus dated 1.11.2001 relating to levy of duty on exports of Potassium Permangnate from People’s Republic of China:
| (1) | (2) | (3) | (4) |
|---|
| (1) | People’s Republic of China | (b) All producers/exporters | 440” |
AND WHEREAS the designated authority has accepted the aforesaid order of CEGAT dated the 28th October, 2002 and issued Corrigendum dated the 23rd April, 2003, to the aforesaid final findings notification, dated the 8th September, 2001;
NOW, THEREFORE, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, and in supersession of the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 113/2001-Customs dated the 1st November, 2001 [G.S.R. 815(E), dated the 1st November, 2001], except as respects things done or omitted to be done before such supersession, the Central Government, hereby imposes on the said Potassium Permanganate, falling under tariff item 2841 61 00 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, any country mentioned in column (2) of the Table below, and imported into India, an anti-dumping duty at a rate which is specified in the corresponding entry in column (3) of the said Table.
TABLE
| S.No. | Name of the Country | Amount of duty
(in US$ per metric tonne) |
|---|
| (1) | (2) | (3) |
|---|
| 1. | People’s Republic of China | 440 |
| 2. | Hong Kong | 213 |
| 3. | Taiwan | 262 |
2. The anti-dumping duty imposed under this notification shall be paid in Indian currency.
Explanation - For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, (52 of 1962) and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
Anti-dumping duty on Caustic Soda, originating in or exported from Republic of Korea and People"s Republic of China:
[Notfn. No. 142/03-Cus. dt. 23.9.2003]
WHEREAS in the matter of import of Sodium Hydroxide, commonly known as Caustic Soda (hereinafter referred to as "the subject goods"), falling under sub-heading 2815 11 or 2815 12 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Republic of Korea, the People"s Republic of China (hereinafter referred to as "the subject countries"), and imported into India, the designated authority (DA) vide its preliminary findings No.14/10/2002-DGAD dated the 21st September, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th September, 2002, had come to the conclusion that:
(a) Sodium Hydroxide, in all forms originating in, or exported from, the subject countries had been exported to India below its normal value except M/s. Hanwha Chemical Corporation, Republic of Korea;
(b) the Indian industry had also suffered material injury by way of financial losses due to depressed net sales realization on account of price depression caused by low landed prices of the dumped Sodium Hydroxide;
(c) the injury had been caused to the domestic industry by dumping of Sodium Hydroxide originating in, or exported from the subject countries;
and had recommended impsoition of provisional anti-dumping duty, pending final determination, on imports of Sodium Hydroxide, originating in or exported from, the subject countries except on exports by M/s. Hanwha Chemical Corporation, Republic of Korea;
AND WHEREAS, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue) No.142/2002-Customs, dated the 26th December, 2002, published in Part II, Section 3 Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th December, 2002 [G.S.R. 840 (E), dated the 26th December, 2002];
AND WHEREAS, the designated authority, vide its final findings No.14/10/2002-DGAD dated the 4th August, 2003 published in the Gazette of India, Extraordinary, Part I, Section I, dated the 4th August, 2003, has come to the following conclusion that -
(i) Sodium Hydroxide, originating in, or exported from the subject countries has been exported to India from below its normal value, resulting in dumping;
(ii) The Indian domestic industry has suffered material injury in terms of the subject goods produced by it and establishment of the domestic industry is being materially retarded by the dumped imports, in as much as the domestic industry is trying to establish itself in the Indian market with new subject product;
(iii) The injury has been caused by the imports of subject goods from the subject countries;
and the DA has considered it necessary to impose final anti-dumping duty on all imports of the subject goods originating in or exported from the subject countries so as to remove injury to the domestic industry;
NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under sub-heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the country as specified in the corresponding entry in column (5) , and exported from the countries as specified in the corresponding entry in colum (6) and produced by the producer as specified in the corresponding entry in column (7), and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the difference between the amount as specified in the corresponding entry in column (9) and the landed value of the goods, in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table.
Table
| S. No. | Sub-hea- ding | Des- crip- tion of goods | Specifi- cation | Country of origin | Country of Export | Producer | Exporter | Amount | Unit of mea- sure- ment | Curr- ency |
|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|---|
| 1. | 2815 11 2815 12 | Caustic Soda | Caustic Soda lye and Caustic Soda solid/flakes | Korea RP | All | M/s Hanwha Chemical Corporation | M/s Tricon Energy Limited USA | Not Appli- cable | Not Appli- cable | Not Appli- cable |
| 2. | 2815 11 2815 12 | Caustic Soda | Caustic Soda lye and Caustic Soda solid/flakes | Korea RP | All | M/s Hanwha Chemical Corporation | Any | Not Appli- cable | Not Appli- cable | Not Appli- cable |
| 3. | 2815 11 2815 12 | Caustic Soda | Caustic Soda lye and Caustic Soda solid/flakes | Korea RP | All | Any producer except M/s. Hanwha Chemical Corporation | Any | 295.27 | Dry Metric tonne | USD |
| 4. | 2815 11 2815 12 | Caustic Soda | Caustic Soda lye and Caustic Soda solid/flakes | Any Country except China PR | Korea RP | Any | Any | 295.27 | Dry Metric tonne | USD |
| 5. | 2815 11 2815 12 | Caustic Soda | Caustic Soda lye and Caustic Soda solid/flakes | China PR | All | Sanghai Chlor Alkali Chemical Company Ltd. | Any | 295.27 | Dry Metric tonne | USD |
| 6. | 2815 11 2815 12 | Caustic Soda | Caustic Soda lye and Caustic Soda solid/flakes | China PR | All | Any producer except M/s. Sanghai Chlor Alkali Chemical Company Ltd. | Any | 295.27 | Dry Metric tonne | USD |
| 7. | 2815 11 2815 12 | Caustic Soda | Caustic Soda lye and Caustic Soda solid/flakes | Any Country except Korea RP | China PR | Any producer | Any | 295.27 | Dry Metric tonne | USD |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of provisional anti-dumping duty i.e. the 26th December, 2002, and shall be paid in Indian currency.
Explanation. - For the purposes of this notification, -
(a) “landed value” shall be the assessable value as determined under the Customs Act, 1962 and includes all duties of customs except duties under sections 3, 3A, 8B, 9 and 9A of the Customs Tariff Act, 1975;
(b) the "rate of exchange" applicable for the purposes of calculation of the anti-dumping duty under this notification shall be the exchange rate specified in the notification issued from time to time, in exercise of the powers conferred by sub-clause (3) of section 14 of the said Customs Act 1962, and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
Anti-dumping duty on Sodium Hydroxide (Caustic Soda) originating in or exported from European Union (Except France), Indonesia and Chinise Taipei :
[Notfn. No. 168/03-Cus. dt. 14.11.2003]
WHEREAS in the matter of import of Sodium Hydroxide, commonly known as Caustic Soda, falling under sub-heading 2815 11 or tariff item 2815 12 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union (excluding France), Indonesia and Chinese Taipei (herein after referred to as the subject countries), the designated authority vide its preliminary findings in notification No.14/39/2002-DGAD, dated the 8th January, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th January, 2003 had come to the conclusion that-
(a) Sodium Hydroxide, in all forms originating in, or exported, from the subject countries has been exported to India below its normal value;
(b) the domestic industry has also suffered material injury;
(c) the injury has been caused to the domestic industry by dumping of Sodium Hydroxide originating in or exported from the subject countries;
and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Sodium Hydroxide, originating in, or exported from, the subject countries;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Sodium Hydroxide vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No . 48/2003–Customs, dated the 27th March, 2003, [G.S.R. 247(E), dated the 27th March, 2003], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th March, 2003;
AND WHEREAS the designated authority, vide its final findings in notification No.14/39/2002-DGAD, dated the 1st October, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st October, 2003, has come to the conclusion that –
(a) Sodium Hydroxide has been exported to India from the subject countries below its normal value;
(b) the domestic industry has suffered material injury and facing threat of further injury;
(c) the injury has been caused cumulatively by the imports from the subject countries, and has recommended the imposition of definitive anti-dumping duty on all imports of Sodium Hydroxide falling under sub-heading 2815 11 or tariff item 2815 12 00 of the First Schedule to the said Customs Tariff Act and originating in, or exported from the European Union (excluding France), Indonesia and Chinese Taipei.
Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under sub-heading or tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4), of the said Table, originating in the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8) of the said Table and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11), and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.
Table
| S. No. | Sub -Head- ing | Des- crip- tion of goods | Spe- cifica- tion | Country of Origin | Country of Export | Producer | Exporter | Amo- unt | Unit of Mea- sure- ment | Curr- ency |
|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|---|
| 1. | 2815 11 and 2815 12 00 | Sodium Hydroxide commonly known as Caustic Soda | Any Spe- cifica- tion | Chinese Taipei | Any country | Any producer | Any exporter | 271.46 | Metric tonne | US Dollar |
| 2. | 2815 11 and 2815 12 00 | Sodium Hydroxide commonly known as Caustic Soda | Any Spe- cifica- tion | Any country except Indonesia and EU (excluding France) | Chinese Taipei | Any producer | Any exporter | 271.46 | Metric tonne | US Dollar |
| 3. | 2815 11 and 2815 12 00 | Sodium Hydroxide commonly known as Caustic Soda | Any Spe- cifica- tion | Indonesia | Any country | Any producer | Any exporter | 271.46 | Metric tonne | US Dollar |
| 4. | 2815 11 and 2815 12 00 | Sodium Hydroxide commonly known as Caustic Soda | Any Spe- cifica- tion | Any country except Chinese Taipai and EU (excluding France) | Indonesia | Any producer | Any exporter | 271.46 | Metric tonne | US Dollar |
| 5. | 2815 11 and 2815 12 00 | Sodium Hydroxide commonly known as Caustic Soda | Any Spe- cifica- tion | EU (excluding France) | Any country | Any producer | Any exporter | 258.46 | Metric tonne | US Dollar |
| 6. | 2815 11 and 2815 12 00 | Sodium Hydroxide commonly known as Caustic Soda | Any Spe- cifica- tion | Any country except Chinese Taipei and Indonesia | EU (excluding France) | Any producer | Any exporter | 258.46 | Metric tonne | US Dollar |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 27th March, 2003, and shall be paid in Indian currency.
Explanation. - For the purposes of this notification, -
(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(b) rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is determined by the Central Government from time to time, in exercise of the powers conferred by sub-clause (i ) of clause (a) of sub-section (3) of section 14 of the said Customs Act, and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
Anti-dumping duty on Sodium hydrosulphite originating in or exported from Germany and Republic of Korea :
[Notfn. No. 173/03-Cus. dt. 3.12.2003]
Whereas, in the matter of import of Sodium hydrosulphite , falling under tariff item 2832 10 20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Germany and Republic of Korea, the designated authority, vide its preliminary findings notification No.14/34/2002-DGAD, dated the 25th February, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 26th February, 2003, had come to the conclusion that-
(a) Sodium hydrosulphite , in all forms, originating in, or exported from, Germany and Republic of Korea has been exported to India below its normal value;
(b) the domestic industry has also suffered material injury by way of financial loss due to depressed net sales realization on account of price depression caused by low landed prices of the dumped Sodium hydrosulphite ;
(c) the injury has been caused cumulatively to the domestic industry by dumping of Sodium hydrosulphite, originating in, or exported from, Germany and Republic of Korea ;
and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Sodium Hydrosulphite, originating in, or exported from, Germany and Republic of Korea;
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Sodium Hydrosulphite vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No . 61/2003–Customs, dated the 1st April, 2003, [G.S.R. 287(E), dated the1st April, 2003], published in Part II, Section 3, Sub-section ( i ) of the Gazette of India, Extraordinary, dated the 1st April, 2003;
And whereas, the designated authority, vide its final findings notification No.14/34/2002-DGAD, dated the 20th October, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 22nd October, 2003, has come to the conclusion that –
(a) Sodium hydrosulphite has been exported to India from Germany and Republic of Korea below its normal value;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused cumulatively by the imports from Germany and Republic of Korea;
and has recommended the imposition of definitive anti-dumping duty on all imports of Sodium hydrosulphite originating in, or exported from Germany and Republic of Korea.
Now, therefore , in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5) , and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.
Table
| S. No. | Tariff Item | Des- crip- tion of goods | Spe- cifi- cat- ion | Country of Origin | Country of Export | Producer | Exporter | Amo- unt | Unit of Mea- sure- ment | Curr- ency |
|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|---|
| 1. | 2832 10 20 | Sodium hydro- sulphite | Any | Germany | Any country other than Korea, RP | M/s. BASF, Germany | M/s. BASF, Germany | 1034.76 | Metric tonne | US Dollar |
| 2. | 2832 10 20 | Sodium hydro- sulphite | Any | Germany | Any country other than Korea, RP | M/s. BASF,Germany | Any exporter | 034.76 | Metric tonne | US Dollar |
| 3. | 2832 10 20 | Sodium hydro- sulphite | Any | Germany | Any country other than Korea, RP | Any producer | M/s. BASF, Germany | 1034.76 | Metric tonne | US Dollar |
| 4. | 2832 10 20 | Sodium hydro- sulphite | Any | Any country other than Germany | Germany | Any producer other than M/s. BASF, Germany | Any exporter other than M/s. BASF, Germany | 1034.76 | Metric tonne | US Dollar |
| 5. | 2832 10 20 | Sodium hydro- sulphite | Any | Germany | Any country other than Korea,RP | Any producer other than M/s. BASF,Germany | Any exporter other than M/s. BASF, Germany | 1034.76 | Metric tonne | US Dollar |
| 6. | 2832 10 20 | Sodium hydro- sulphite | Any | Korea,RP | Any country other than Korea, RP | Any producer | Any exporter | 1034.76 | Metric tonne | US Dollar |
| 7. | 2832 10 20 | Sodium hydro- sulphite | Any | Any country other than Korea, RP | Korea, RP | Any producer | Any exporter | 1034.76 | Metric tonne | US Dollar |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 1st April, 2003, and shall be paid in Indian currency.
Explanation. - For the purposes of this notification, -
(a ) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(b) rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause ( i ) of clause (a) of sub-section (3) of section 14 of the Customs Act,1962 (52 of 1962) and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
Anti-dumping duty on Borax decahydrate originating in or exported from Turkey and People"s Republic of China:
[Notfn. No. 2/04-Cus. dt. 7.1.2004]
Whereas, in the matter of import of Borax decahydrate, falling under heading 2840 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from; Turkey and the People’s Republic of China, the designated authority, vide its preliminary findings notification No.14/40/2002- DGAD, dated the 26th March, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th March, 2003, had come to the conclusion that-
(a) Borax decahydrate has been exported to India from Turkey and the People’s Republic of China, below normal value;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the imports of Borax decahydrate from Turkey and the People’s Republic of China and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Borax decahydrate, originating in, or exported from, Turkey and the People’s Republic of China;
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed anti-dumping duty on Borax decahydrate vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 90/2003-Customs, dated the l0th June, 2003, [G.S.R. 469(E), dated the 10th June, 2003], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the l0th June, 2003;
And whereas, the designated authority, vide its final findings notification No.14/40/2002-DGAD, dated the 21st November, 2003, published in the Gazette of India, Extraordinary, Part I, Section I, dated the 21st November, 2003, has come to the conclusion that - ,
(a) Borax decahydrate has been exported to India from Turkey and the People’s Republic of China, below its normal value;
(b) the domestic industry has suffered material injury;
(c) the material injury to the domestic industry has been caused cumulatively by the dumped imports of Borax decahydrate from Turkey and the People’s Republic of China;
and has recommended the imposition of definitive anti-dumping duty on all imports of Borax decahydrate, originating in, or exported from, Turkey and the People’s Republic of China, in order to remove the injury to the domestic industry.
Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported, from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.
TABLE
| Sl. No. | Hea- ding | Description of goods | Spe- cific- ation | Country of origin | Country of Export | Producer | Exporter | Amount | Unit of Mea- sure- ment | Curr- ency |
|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|---|
| 1. | 2840 | Borax decahydrate | Any Spe- cific- ation | Turkey | Any Country | Any Producer | Any Exporter | 423.10 | Metric Tonne | US Dollar |
| 2. | 2840 | Borax decahydrate | Any Spe- cific- ation | Any Country other than People’s Republic of China | Turkey | Any producer | Any exporter | 423.10 | Metric Tonne | US Dollar |
| 3. | 2840 | Borax decahydrate | Any Spe- cific- ation | China PR | Any country | Dashiqiao Huaxin Chemicals Ltd. | Dalian Chem Import and Export Group Co. Ltd. | 410.86 | Metric Tonne | US Dollar |
| 4. | 2840 | Borax decahydrate | Any Spe- cific- ation | China PR | Any country | Any producer except Dashiqiao Huaxin Chemicals Ltd. | Any. | 484.10 | Metric Tonne | US Dollar |
| 5. | 2840 | Borax decahydrate | Any Spe- cific- ation | Any Country except Turkey | China PR | Any | Any. | 484.10 | Metric Tonne | US Dollar |
2. The anti-dumping duty imposed under this notification shall levied with effect from the date of impostion of the provisional anti-dumping duty i.e. the 10th June, 2003, and shall be paid in Indian currency.
Explanation . - For the purposes of this notification, -
(a) ‘landed value’ means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(b) rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause ( i ) of clause (a) of sub-section (3) of section 14 of the said Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
Anti-dumping duty on Potassium Carbonate originating in or exported from the European Union, People"s Republic of China, Republic of Korea and Taiwan:
[Notfn. No. 37/04-Cus. dt. 20.2.2004]
Whereas, in the matter of import of Potassium Carbonate, falling under tariff item 2836 40 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, People’s Republic of China, Republic of Korea and Taiwan (hereinafter referred to as the subject countries), the designated authority, vide its preliminary findings notification No. 14/42/2002-DGAD, dated the 30th April, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st May, 2003, had come to the conclusion that –
(a) Potassium Carbonate has been exported to India from the subject countries below normal value resulting in dumping;
(b) the Indian industry has suffered material injury from exports of Potassium carbonate from the subject countries;
(c) the injury has been caused cumulatively by the imports of Potassium Carbonate from the subject countries;
and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Potassium Carbonate, originating in, or exported from the subject countries;
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Potassium Carbonate vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No 91/2003-Customs, dated the 10th June, 2003, [G.S.R. 470(E), dated the 10th June, 2003], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 10th June, 2003;
And whereas, the designated authority, vide its final findings notification No.14/42/2002-DGAD, dated the 16th January, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th January, 2004, has come to the conclusion that –
(a) Potassium Carbonate has been exported to India from the subject countries below its normal value, resulting in dumping;
(b) the Indian industry has suffered material injury from exports of Potassium carbonate from the subject countries;
(c) the injury to the domestic industry has been caused cumulatively by the dumped imports of Potassium Carbonate from the subject countries;
And whereas, M/s Taiwan Pulp and Paper Corporation, Taiwan, have furnished an undertaking under rule 15 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, not to export any type of Potassium Carbonate below a price of US Dollar 471.0 per Metric tonne CIF (cost, insurance and freight);
and the designated authority has recommended the imposition of definitive anti-dumping duty on all imports of Potassium Carbonate, originating in, or exported from the subject countries, in order to remove the injury to the domestic industry;
Now, therefore , in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5) , and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table.
TABLE
| Sl. No. | Tariff item | Descri- ption of goods | Spe- cifica- tion | Country of origin | Country of Export | Producer | Exporter | Amo- unt | Unit of mea- sure- ment | Curr- ency |
|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|---|
| 1. | 2836 40 00 | Potassium carbonate | Any Spe- cifica- tion | Taiwan | Any country | Any producer except M/S Taiwan Pulp & Paper Corporation, Taiwan | Any exporter | 123.58 | Metric tonne | US Dollar |
| 2. | 2836 40 00 | Potassium carbonate | Any Spe- cifica- tion | Any country except Korea RP China PR and European Union | Twaiwan | Any producer except M/S Taiwan Pulp & Paper Corporation, Taiwan | Any exporter | 123.58 | Metric tonne | US Dollar |
| 3. | 2836 40 00 | Potassium carbonate | Any Spe- cifica- tion | Korea RP | Any country | M/s. UNID Co. Ltd. | M/s. OCI Corpo- ration/ M/s. UNID Co. Ltd. | 9.45 | Metric tonne | US Dollar |
| M/s. UNID Co. Ltd. | M/s. Itochu, Japan | 11.03 | Metric tonne | US Dollar |
| 4. | 2836 40 00 | Potassium carbonate | Any Spe- cifica- tion | Korea RP | Any country | Any producer. except M/s.UNID Co.Ltd. exports through OCI Corporation, Korea or Itochu, Japan | Any exporter | 123.86 | Metric tonne | US Dollar |
| 5. | 2836 40 00 | Potassium carbonate | Any Spe- cifica- tion | Any country except Taiwan, China PR and Union European | Korea RP | Any producer except M/s. UNID Co. Ltd. exports through OCI Corporation, Korea or Itochu, Japan | Any exporter | 123.86 | Metric tonne | US Dollar |
| 6. | 2836 40 00 | Potassium carbonate | Any Spe- cifica- tion | China PR | Any country | M/s. Jiande Dayang Chemical Manufacture Ltd, China | Any exporter | 49.58 | Metric tonne | US Dollar |
| 7. | 2836 40 00 | Potassium carbonate | Any Spe- cifica- tion | China PR | Any country | Any producer except M/s.Jiande Dayang Chemical Manufacture Ltd. China | Any exporter | 90.03 | Metric tonne | US Dollar |
| 8. | 2836 40 00 | Potassium carbonate | Any Spe- cifica- tion | Any country except Taiwan, Korea RP and European Union | China PR | Any producer except M/s Jiande Dayang Chemical Manufacture Ltd, China | Any exporter | 90.03 | Metric tonne | US Dollar |
| 9. | 2836 40 00 | Potassium carbonate | Any Spe- cifica- tion | European Union | Any country | M/S Degussa AG, Germany | Any exporter | 17.18 | Metric tonne | US Dollar |
| 10. | 2836 40 00 | Potassium carbonate | Any Spe- cifica- tion | European Union | Any country | Any producer except M/s Degussa AG, Germany | Any exporter | 69.92 | Metric tonne | US Dollar |
| 11. | 2836 40 00 | Potassium carbonate | Any Spe- cifica- tion | Any country except Taiwan, Korea RP and China PR | European Union | Any producer except M/s Degussa AG, Germany | Any exporter | 69.92 | Metric tonne | US Dollar |
Provided that no anti-dumping duty shall be imposed on all types of Potassium Carbonate, falling under tariff item 2836 40 00 of the First Schedule to the said Customs Tariff Act, exported by M/s Taiwan Pulp and Paper Corporation, Taiwan, and imported into India, if the price of such imported Potassium Carbonate is equal to or higher than US Dollar 471.0 per Metric tonne CIF (cost, insurance and freight):
Provided further that anti-dumping duty at the rate of US Dollar 70.45 per Metric tonne shall be imposed on all types of Potassium Carbonate, falling under tariff item 2836 40 00 of the First Schedule to the said Customs Tariff Act, exported by M/s Taiwan Pulp and Paper Corporation, Taiwan, and imported into India, and the assessment shall be provisional pending specific recommendation by the designated authority in this regard, if the price of such imported Potassium Carbonate is less than US Dollar 471.0 per Metric tonne CIF (cost, insurance and freight).
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 10th June, 2003, and shall be paid in Indian currency.
Explanation. - For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
Anti-dumping duty on Titanium dioxide originating in or exported from People"s Republic of China :
[Notfn. No. 54/04-Cus. dt. 19.4.2004]
Whereas, in the matter of import of Titanium dioxide anatase grade (hereinafter referred to as the subject goods), falling under tariff item 2823 00 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from the People’s Republic of China, the designated authority, vide its preliminary findings notification No.14/51/2002-DGAD, dated the 6th June, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th June, 2003, had come to the conclusion that –
(a) the subject goods have been exported to India from the People’s Republic of China below normal value ;
(b) the domestic industry has suffered material injury;
(c) the material injury has been caused by the dumped imports of the subject goods from the People’s Republic of China ;
and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of the subject goods, originating in, or exported from the People’s Republic of China ;
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No . 107/2003-Customs, dated the 11th July, 2003, [G.S.R. 543(E), dated the 11th July, 2003], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 11th July, 2003;
And whereas, the designated authority, vide its final findings notification No.14/51/2002-DGAD, dated the 15th March, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th March, 2004, has come to the conclusion that –
(a) the subject goods have been exported to India from the People’s Republic of China below its normal value;
(b) the Indian industry has suffered material injury;
(c) the injury to the domestic industry has been caused cumulatively by the dumped imports of the subject goods from the People’s Republic of China;
and has recommended the imposition of definitive anti-dumping duty on all imports of the subject goods, originating in, or exported from the People’s Republic of China, in order to remove the injury to the domestic industry;
Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under tariff item or heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.
TABLE
| Sl. No. | Tariff item or Hea- ding | Des- crip- tion of goods | Spe- cifica- tion | Country of origin | Country of export | Producer | Exporter | Amo- unt | Unit of mea- sure- ment | Curr- ency |
|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
|---|
| 1. | 282300 10 or 3206 | Titanium Dioxide | Anatase | China PR | Any country | M/s Guangxi Dahua Chemical Factory, China PR | Any exporter | 1227.00 | Metric tonne | US Dollar |
| 2. | 282300 10 or 3206 | Titanium Dioxide | Anataste | China PR | Any country | M/s Cang Wu Shun Feng Titanium Dioxide Co. Ltd., China PR | M/s ZheJiang Provincial Light and Textile Industry, Haun- gzhou, China PR | 1227.00 | Metric tonne | US Dollar |
| 3. | 282300 10 or 3206 | Titanium Dioxide | Anatase | Any country except China PR | China PR | Any producer except M/s Guangxi Dahua Chemical Factory, China PR and M/s Cang Wu Shun Feng Titanium Dioxide Co. Ltd., China PR | Any exporter | 1227.00 | Metric tonne | US Dollar |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 11th July, 2003, and shall be paid in Indian currency.
Explanation. - For the purposes of this notification, -
(a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(b) rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause ( i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
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